Punjab and Haryana High Court

CRM-M/39858/2026 of SHIVDEV SINGH Vs STATE OF PUNJAB on 27 July 2026

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(O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 214 CRM-M-39858-2026 (O&M) Date of decision: 27.07.2026 SHIVDEV SINGH PETITIONER VERSUS STATE OF PUNJAB RESPONDENT CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. S.K. Choudhary, Advocate for the petitioner.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Date of decision: 27.07.2026

SHIVDEV SINGH

PETITIONER

VERSUS

STATE OF PUNJAB

RESPONDENT

CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL

Present:

Mr. S.K. Choudhary, Advocate

for the petitioner.

Mr. Sukhbeer Singh, DAG Punjab.

Ms. Amarjot Kaur, Advocate

for the complainant.

***

Shalini Singh Nagpal, J. (Oral)

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1. Petitioner seeks regular bail in FIR No.72 dated 19.05.2026 under Sections 333, 115(1), 190 and 190(3) of Bharatiya Nyaya Sanhita (B.N.S.), 2023, Police Station Tibber, District Gurdaspur. Section 117(2) BNS has been added in the FIR during investigation. This is the first petition for regular bail.

2. Learned counsel for the petitioner submits that petitioner was 73 years old and had been falsely implicated in the case. There was delay of 04 days in registration of FIR, which was not explained. The injury attributed to the petitioner was on the nose of the complainant with blunt weapon, on the basis of which Section 115(1) BNS was invoked. During the course of incident, complainant side also inflicted injuries to co-accused, namely, Tribhuvan Singh and in this context refers to the Medico Legal Report of the injured (Annexure P-2). He further submits that petitioner was behind bars for the last 01 month 23 days. He had clean antecedents and there was no apprehension that he would abscond. Hence, he be enlarged on regular bail. HARPREET SINGH CHAUHAN 2026.07.28 10:25 I agree to specified portions of this document

3. Notice of motion.

4. Mr. Sukhbeer Singh, DAG Punjab accepts notice on behalf of the respondent-State and files custody certificate dated 24.07.2026. Ms. Amarjot Kaur, Advocate accepts notice on behalf of the complainant and files her vakalatnama. The same are made part of the record. Learned State counsel, assisted by learned counsel for the complainant, opposes the prayer for regular bail on the ground that fracture on nose of complainant was attributed to the petitioner.

5. Petitioner is in custody for the last 01 month and 20 days. He is 73 years of age. Considering the nature and substance of allegations against him, his age, the period of custody and well recognized principle of law that bail is the rule and jail is an exception, but without, commenting on merits, the petition for regular bail is allowed. Petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of Trial Court/Duty Magistrate.

6. Pending miscellaneous applications, if any, also stand disposed of.

(SHALINI SINGH NAGPAL)

JUDGE 27.07.2026 HS.CHAUHAN Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No

HARPREET SINGH CHAUHAN 2026.07.28 10:25 I agree to specified portions of this document

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